Section 26 Decisions inconsistent with section 25I1

Scotland

(1)

A children's hearing or a court may make a decision that is inconsistent with the requirement imposed by section 25(2) if—

(a)

the children's hearingF1, pre-hearing panel or court considers that, for the purpose of protecting members of the public from serious harm (whether physical or not), it is necessary that the decision be made, and

(b)

in coming to the decision, the children's hearing, pre-hearing panel or court complies with subsection (2).

(2)

The children's hearingF2, pre-hearing panel or court is to regard the need to safeguard and promote the welfare of the child throughout the child's childhood as a primary consideration rather than the paramount consideration.

Annotations

Textual amendments

F1: Words in s. 26(1)(a)(b) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(3)
F2: Words in s. 26(2) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(3)

Commencement

I1: S. 26 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3